New legislation could see maximum fines of up to $1.5m and imprisonment for up to seven years applied to those caught illegally supplying vaping products.
The NSW government has introduced new legislation cracking down on vape suppliers, with maximum fines increasing from $1650 to $1.5 million and maximum prison sentences from six months to seven years.
Under the proposed reforms, new offences would also be established for possession of a “commercial quantity” of vaping products and for retailer possession of vaping products.
The changes are aimed at bringing NSW into line with recent Commonwealth legislation restricting access to vapes as a prescription-only product and instituting fines of up to $2.2 million and imprisonment of up to seven years for those found manufacturing, importing or supplying illicit vapes.
“We have a once-in-a-generation opportunity to the stem the tide of this public health challenge,” NSW health minister Ryan Park said.
“I am very encouraged by the progress we are making in terms of removing these harmful devices from our streets.
“And I am pleased to announce that we are augmenting our efforts by introducing harsher penalties to target suppliers.”
While more than 300,000 vaping products have been seized by NSW government over the past year, a significant reduction was observed in the number of illicit vapes seized in the most recent quarter with 42,000 products confiscated between 1 July and 30 September 2024 compared to 153,000 products confiscated in the same period last year.
Last month, NSW government confirmed it would look to hire an additional 14 enforcement officers to ramp up compliance efforts and curb the illicit supply of vaping and tobacco products statewide.
According to a NSW health inspector interviewed by The Sydney Morning Herald on the condition of anonymity, suppliers of illicit vapes were going to increasing lengths to disguise their products, while others had closed down their operations completely.
“We still see vapes readily on display in some stores, but there are definitely less now than previous years, and we are seeing some of these stores closing,” the inspector told the masthead.
The street value of illicit vapes has soared from around $25 to between $40 and $60 since the federal ban on the domestic manufacture, supply and commercial possession of disposable single-use and non-therapeutic vapes came into effect, according to the SMH.
“We take our compliance role seriously. We are committed to removing as many illegal vapes as we can, particularly to stop them falling into the hands of young people,” NSW Health acting chief health officer Dr Michelle Cretikos said.
“We don’t want people to vape, and if they are trying to quit smoking or to quit vaping, we have supports in place to help. Call the Quitline on 13 7848, visit icanquit.com.au or speak to your GP.
“If you think a tobacco or e-cigarette retailing law has been broken by a retailer in NSW, you can report this via the NSW Health website.”